Singer Manufacturing Co. v. Brewer
Supreme Court of Arkansas
Appeal from Jefferson Circuit Court; Antonio B. Grace, Judge; The fourth clause of the contract precludes a recovery by the plaintiff. The contract was reasonable, and plaintiff is bound by its terms. Inasmuch as the contract provided that the agreement could be terminated at the pleasure of either, appellant committed no wrong in terminating appellee’s agency.
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Appeal from Jefferson Circuit Court; Antonio B. Grace, Judge; The fourth clause of the contract precludes a recovery by the plaintiff. The contract was reasonable, and plaintiff is bound by its terms. Inasmuch as the contract provided that the agreement could be terminated at the pleasure of either, appellant committed no wrong in terminating appellee’s agency. A reasonable construction of the contract will not defeat the plaintiff of pay already earned at the time the agreement is terminated. 3 Ark. 222; Ib. 258. The law does not favor forfeitures. 67 Ark. 553.
1Opinion of the CourtMcCulloch, J.
Appellee, W. F. Brewer, was employed by appellant as its agent, and brought this action to recover the sum of $308.57 alleged to be due him, according to' contract, for comr missions on sales of sewing machines made by him in the course of his employment. There was a written contract between the parties prescribing the duties of appellee as “managing salesman for the company at its sub-office in the city of Pine Bluff, Arkansas, and that part of the contract fixing the compensation to be paid to him for his services is as follows:
“Third. The company agrees to pay the said party of the second…
2Cases cited5 opinions
- Wright v. . ReusensNew York Court of Appeals · 1892
- Arkansas Fire Insurance v. WilsonSupreme Court of Arkansas · 1900
- Robbins v. KimballSupreme Court of Arkansas · 1892
- Letchworth v. VaughanSupreme Court of Arkansas · 1905
- Little v. BanksNew York Supreme Court · 1894
3Cited by20 opinions
- Ullmann v. MayOhio Supreme Court · 1947
- Groome v. Freyn Engineering Co.Illinois Supreme Court · 1940
- Atteberry v. Maumelle Co.Court of Appeals for the Eighth Circuit · 1995
- JAMES A. HEAD & COMPANY v. RollingSupreme Court of Alabama · 1956
- International Signal Co. v. Marconi Wireless Telegraph Co. of AmericaNew Jersey Court of Chancery · 1918
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